Bill Text: TX SB111 | 2025-2026 | 89th Legislature | Introduced
Bill Title: Relating to transparency in special education legal proceedings involving a school district and a limit on legal fees that may be spent by a school district in special education legal proceedings.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced) 2024-11-12 - Filed [SB111 Detail]
Download: Texas-2025-SB111-Introduced.html
89R2427 JTZ-D | ||
By: Hall | S.B. No. 111 |
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relating to transparency in special education legal proceedings | ||
involving a school district and a limit on legal fees that may be | ||
spent by a school district in special education legal proceedings. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Subchapter Z, Chapter 44, Education Code, is | ||
amended by adding Section 44.903 to read as follows: | ||
Sec. 44.903. BOARD AUTHORIZATION TO SETTLE OR CONTEST | ||
SPECIAL EDUCATION LAWSUITS; REPORTS TO AGENCY. (a) This section | ||
applies only to a due process complaint against a school district | ||
alleging a violation of federal or state special education laws. | ||
(b) Except as otherwise provided by this section, a school | ||
district may not spend more than $10,000 in legal fees to defend the | ||
district in a legal proceeding to which this section applies. | ||
(c) If a school district spends an amount in legal fees to | ||
defend the district in a legal proceeding to which this section | ||
applies that is at least 80 percent of the limit imposed by | ||
Subsection (b) and intends to continue the proceeding, the district | ||
superintendent shall submit to the board of trustees of the | ||
district a report that: | ||
(1) states that the current cost in legal fees in the | ||
proceeding is approaching the limit imposed by Subsection (b); and | ||
(2) includes: | ||
(A) a summary of the facts, legal claims, | ||
defenses, and relief sought in the proceeding; and | ||
(B) an estimate of the total amount in legal fees | ||
that will be required to defend the district in the proceeding. | ||
(d) A report submitted under Subsection (c) is confidential | ||
and not subject to disclosure under Chapter 552, Government Code. | ||
(e) As soon as practicable after receipt of a report under | ||
Subsection (c), the board of trustees of the school district shall: | ||
(1) direct the district to settle the legal proceeding | ||
before the total cost in legal fees exceeds the limit imposed by | ||
Subsection (b); or | ||
(2) authorize the district to spend an amount in legal | ||
fees in excess of the limit imposed by Subsection (b) to defend the | ||
district in the legal proceeding. | ||
(f) Each month, a school district shall post on the | ||
district's Internet website and submit to the agency a report | ||
regarding each ongoing legal proceeding to which this section | ||
applies for which the district's legal fees exceed the limit | ||
imposed by Subsection (b), including: | ||
(1) the general subject matter of the proceeding; and | ||
(2) the total amount of legal fees incurred by the | ||
district for the proceeding as of the date on which the report is | ||
made. | ||
(g) A report required under Subsection (f) may not include | ||
personally identifiable student information and must comply with | ||
the Family Educational Rights and Privacy Act of 1974 (20 U.S.C. | ||
Section 1232g). | ||
(h) Each month, the agency shall compile and post on the | ||
agency's Internet website the information reported to the agency | ||
under Subsection (f) for the preceding month. The information must | ||
be both aggregated statewide and disaggregated by school district. | ||
(i) The commissioner may adopt rules as necessary to | ||
implement this section. | ||
SECTION 2. Section 44.903, Education Code, as added by this | ||
Act, applies only to a legal proceeding to which that section | ||
applies that is filed on or after the effective date of this Act. | ||
SECTION 3. This Act takes effect immediately if it receives | ||
a vote of two-thirds of all the members elected to each house, as | ||
provided by Section 39, Article III, Texas Constitution. If this | ||
Act does not receive the vote necessary for immediate effect, this | ||
Act takes effect September 1, 2025. |